Early Release for Seriously Ill and Elderly Prisoners: Should French Practice be Followed?

Abstract

In 2002 a formal system for dealing with the early release of prisoners on grounds of ill health was introduced in France. One year following its enactment the new legislation has already been applied successfully in cases of seriously ill and elderly prisoners. This article describes the principal features and background to this new system and examines the arguments at issue on this question, more particularly the human rights argument in light of the Strasbourg case law under article 3 of the European Convention on Human Rights. In a comparative perspective the article questions whether, given the prison situation in England and Wales, a similar reform should not also be considered in this jurisdiction.